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funchords
Hello
Premium,MVM
join:2001-03-11
Yarmouth Port, MA
kudos:5

Could it happen? Sure it could!

The idea of David vs. Goliath is probably not one that we need to consider. On this scale, it would likely be the state AG that brings a case -- or a team of lawyers working on a class-action case.

That the New York law was cited is very interesting, as New York is very prone to take on cases of consumer abuse by corporations.

This is a great piece of clear thinking:

said by swhx7:

However, the blurb-writer's claim that the practice is not "defauding the customers" is questionable.

The legal elements are deception, intent to deceive, reliance, and harm.

If Comcast deliberately forges a packet, and the customer relies on that packet to be genuine, and suffers disadvantage because it's not, that's fraud.

--
Robb Topolski -= funchords.com =- Hillsboro, Oregon USA
Are you affected by Comcast's RST forging? How to test it! -or- Read my original report.


TScheisskopf
World News Trust

join:2005-02-13
Belvidere, NJ

It might also be added that The Attorney General's Office of The State of New York has a long and proud history of aggressive protection of consumer rights and going to the mattresses for those protections.

If I were Comcast, I would pay heed to the possibilities. They could run their string out on this one, and that could lead to closer examination of their other business practices.

They may not like that. It's rather expensive.



funchords
Hello
Premium,MVM
join:2001-03-11
Yarmouth Port, MA
kudos:5

reply to funchords
More clear thinking, this from SlashDot:

quote:
"it's legal to block traffic on your network"

by roystgnr (4015) on Tuesday September 04, @06:40PM (#20471247)

It shouldn't be. These companies are advertising access to the internet, there are decades old standards that describe how the internet is supposed to work, and "dropping packets because an router owner might not like the contents" isn't in any of the RFCs. There's a reason why Prodigy, AOL, MSN, Compuserve, and all the old proprietary networks had to become ISPs or become bankrupt, and that's because consumers demanded unrestricted networks. Giving us restricted networks but just calling them "internet access" is fraud.
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon USA
Are you affected by Comcast's RST forging? How to test it! -or- Read my original report.


IpEverywhere

@comcast.net

reply to funchords
Comcast could flat out block any and all seeding from their network as they specifically state end users cannot run servers. Mail server, http server, ftp server, p2p server makes no difference at all.

Of course, if you decide to sue comcast, please make sure you are not one of the few people out there download illegal / copyrighted content. It would not be very beneficial to the case if Comcast stood up and showed a list of hundreds of movies / songs that people were trying to access on your server that is on their network against the ToS anyway.



funchords
Hello
Premium,MVM
join:2001-03-11
Yarmouth Port, MA
kudos:5

reply to funchords
More clear thinking:

http://it.slashdot.org/comments.pl?sid=287993&cid=20472375


Comcast's use of the Sandvine devices to prohibit its clients point-to-point Internet traffic is in violation of Internet standards as well as Federal law. Comcast's Terms of Service ("ToS") do not trump Federal Law. Further, Comcast's methods for blocking this traffic negate its claim that it offers "an Internet connection." Click HERE to continue...
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon USA
Are you affected by Comcast's RST forging? How to test it! -or- Read my original report.


funchords
Hello
Premium,MVM
join:2001-03-11
Yarmouth Port, MA
kudos:5

reply to IpEverywhere

said by IpEverywhere :

Comcast could flat out block any and all seeding from their network as they specifically state end users cannot run servers. Mail server, http server, ftp server, p2p server makes no difference at all.
You are misinformed.
--
Robb Topolski -= funchords.com =- Hillsboro, Oregon USA
Are you affected by Comcast's RST forging? How to test it! -or- Read my original report.


JTRockville
Data Ho
Premium,MVM
join:2002-01-28
Rockville, MD
Reviews:
·Verizon FiOS

reply to funchords

said by funchords:

...or a team of lawyers working on a class-action case...
Did Comcast institute the new "you can't sue us" arbitration policy in NY?

For reference:
»Retain Your Right to Sue Comcast

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